Immigration Deportation Defense Attorney Rancho Cucamonga
If you have been issued a Notice to Appear, it is important that you meet with an Immigration Attorney. Burga Law Firm PC review your case to see if you qualify for any defense. Burga Law Firm PC serves the community with Deportation Defense in Rancho Cucamonga. We appear in many courts such as Los Angeles, Adelanto, San Diego, San Francisco, and even out of the state of California.
Types of defenses available in Immigration Court
In immigration court, there are several types of defenses available; but the most basic are:
- Cancellation of Removal for Non-Legal Permanent Residents
- Cancellation of Removal for Permanent Residents
- Withholding of Removal
- Convention Against Torture
- Administrative Closure pursuant to Prosecutorial Discretion
- Violence Against Women Act
There are other defenses available, such as waivers depending in your situation. These waivers usually require detailed work. You shouldn’t trust a document preparer to do your Waiver. We have helped many clients who came to us to fix what their document preparer started.
Cancellation of Removal for Certain Nonpermanent Residents
In order to successfully win a deportation case based on Cancellation of Removal for Non-Legal Permanent Resident you must prove the following:
- Continuous physical presence in the U.S. for 10 years
- Qualifying relatives: a child, spouse, parent that is either a US Citizen or Legal Permanent Resident
- Good moral character
- Exceptional and Extremely Unusual Hardship to your qualifying relative
Cancellation of Removal for Legal Permanent Residents
Under section 240(a) of the Immigration an Nationality Act (INA), you may qualify for cancellation of removal for legal permanent residents if you can prove to the Immigration Judge the following:
- You have been a permanent resident for at least five (5) years
- You have at least 7 years of continuous physical presence in the US after having been admitted under any status
- You have not been convicted of an aggravated felony
People who flee their countries because they fear persecution can apply for “asylum” as provided by section 208 of the INA. Asylum gives you protection as a refugee in the United States. Persecution can be harm or threats of harm to you or your family or to people similar to you. A person can also get asylum if he or she has suffered persecution in his or her country in the past and meets the definition of a “refugee” as defined in section 101(a)(42) of the INA. You can only be granted asylum if at least one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone thinks you have), or the fact that you are part of some particular social group. If you are granted asylum, you will be allowed to stay in the United States legally and to get a work permit.
In addition to Asylum, you have alternative removal relief defenses such as Withholding of Removal, and Convention Against Torture.
The Department of Homeland Security is currently following what’s called Johnson Memo. This Memo instructs it’s agents to exercise discretion based on enforcement priorities. If you are considered to not be a priority of enforcement, then the government would offer that your Removal case be Administratively Closed. Meaning you will not have to go back to court anymore; but if you commit a crime, the government could reopen your removal case.